$21 Million Multi-state Settlement Reached over Advertising of Dannon Activia Yogurt, DanActive Dairy Drinks

HARRISBURG – Attorney General Tom Corbett announced that the Attorney General’s Health Care Section, working in close cooperation with 38 other states and the Federal Trade Commission, has reached a $21 million settlement with the Dannon Company Inc. which settles allegations that the company made deceptive and unsubstantiated advertising claims about its Activia yogurts and DanActive dairy drinks.

According to the settlement, Dannon allegedly made numerous claims about the health benefits of its products without adequate scientific support, including claims that Activia yogurt helped to regulate digestive systems and that DanActive provided consumers with “immunity” and cold and flu prevention benefits. 

“Consumers have a right to clear and accurate information about the products they are buying, especially when advertisements include claims about health benefits,” Corbett said. “Any company making these types of claims has an obligation to ensure that they are based on competent and reliable scientific evidence.”

Corbett noted that this $21 million payment by Dannon is the largest multi-state settlement to date involving a food producer.
Corbett said the settlement includes strong limitations on any future claims about various food or drink products.  Those restrictions include a prohibition from claiming that any product covered by this settlement can prevent, treat, cure or mitigate disease, as well as a requirement that Dannon must possess reliable scientific evidence to support those and any other claims about the health benefits, performance, efficacy or safety of its products.

Under the terms of the settlement, Pennsylvania will receive $425,000 to be used in support offor costs as well as  future consumer education and consumer protection activities.

In addition to Pennsylvania, the settlement includes Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Idaho, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Tennessee, Vermont, Washington, West Virginia and Wisconsin.  The Federal Trade Commission also filed a settlement with Dannon today. 

The settlement was filed today in Commonwealth Court by Deputy Attorney General Nicole L. VanOrder and Chief Deputy Attorney General Thomas M. Devlin of the Attorney General’s Health Care Section.

Consumers who have complaints about unsubstantiated health claims about various products can contact the Attorney General’s Health Care Section at 1-877-888-4877 or online at www.attorneygeneral.gov  (Click on the “Complaints” button on the front page of the website and select the “Health Care Complaint Form”).  Complaints about other types of deceptive advertising claims or additional consumer issues should be directed to the Attorney General’s Bureau of Consumer Protection, at 1-800-441-2555, or by using the Attorney General’s online “Consumer Complaint Form.”